513 U.S. 352, 358, 362 (1995)
Christine McKennon worked for the Nashville Banner Publishing Company for some 30 years.1 She was discharged at age 62.2 The Banner claimed the action was part of a workforce reduction plan necessitated by cost considerations.3 McKennon believed her age explained the dismissal and filed suit in the United States District Court for the Middle District of Tennessee alleging violation of the Age Discrimination in Employment Act of 1967.4
McKennon sought a variety of legal and equitable remedies available under the ADEA, including backpay.5 In preparation of the case, the Banner took McKennon's deposition.6 During the deposition, she testified that during her final year of employment she had copied several confidential documents bearing upon the company's financial condition.7 She showed them to her husband.8 Her motivation was an apprehension she was about to be fired because of her age.9 She removed and copied the documents for insurance and protection.10
A few days after these deposition disclosures, the Banner sent McKennon a letter declaring that removal and copying of the records was in violation of her job responsibilities and advising her that she was terminated.11 The letter recited that had it known of McKennon's misconduct it would have discharged her at once for that reason.12 For purposes of summary judgment, the Banner conceded its discrimination against McKennon.13
The District Court granted summary judgment for the Banner, holding that McKennon's misconduct was grounds for her termination and that neither backpay nor any other remedy was available to her under the ADEA.14 The United States Court of Appeals for the Sixth Circuit affirmed on the same rationale.15 The Supreme Court granted certiorari.16 The grant resolved conflicting views among the Courts of Appeals on the question whether all relief must be denied when an employee has been discharged in violation of the ADEA and the employer later discovers some wrongful conduct that would have led to discharge if it had been discovered earlier.
Whether an employee discharged in violation of the Age Discrimination in Employment Act of 1967 is barred from all relief when, after her discharge, the employer discovers evidence of wrongdoing that, in any event, would have led to the employee’s termination on lawful and legitimate grounds?17
The ADEA authorizes district courts to grant such legal or equitable relief as may be appropriate to effectuate the purposes of the Act, including backpay, but after-acquired evidence of wrongdoing must be taken into account in determining the remedy, generally precluding reinstatement and front pay while limiting backpay to the period before the employer discovered the misconduct.18
No. The Banner claimed the action was part of a workforce reduction plan necessitated by cost considerations. The Banner conceded its discrimination against McKennon. This establishes that McKennon's discharge violated the ADEA on the basis of age alone.19 The after-acquired evidence of her copying confidential documents, revealed in deposition, would have justified termination but does not bar all relief, allowing backpay limited to the period before discovery.20
The employee is not barred from all relief under the ADEA despite the after-acquired evidence of wrongdoing.21